46-18-1108 . When expungement not presumed. (1) Expungement may not be presumed if the person seeking expungement has one or more convictions for assault under 45-5-201 , partner or family member assault under 45-5-206 , stalking under 45-5-220 , sexual assault under 45-5-502 , a violation of a protective order under 45-5-626 , or driving under the influence of alcohol or drugs, however named, under Title 61, chapter 8, part 10, or any offense that carries a statutorily enhanced penalty as a result of the offender driving under the influence of alcohol or drugs. (2) In making the determination of whether expungement should be granted, the district court shall consider: (a) the age of the petitioner at the time the offense was committed; (b) the length of time between the offense and the request; (c) the rehabilitation of the petitioner; (d) the likelihood that the person will reoffend; and (e) any other factor the court considers relevant.
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